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Ash, Solicitor

Category: Law

Satisfied Customers: 10916

Experience: Solicitor with 5+ years experience

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Hi, I own a flat that I rent out. My last tenant moved out

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Hi, I own a flat that I rent out. My last tenant moved out of the flat a month ago. He owed me 182 pounds in back rent. Also 37 pounds for electric. The front door had to be repaired at a cost of 50 pounds. Kitchen blind is broken, he has taken a large mirror from the lounge and a picture. He has taken the crockery, all the pans and cutleryHe has broken a sideboard and tv cabinet, which I will have to replace. He gave me 350 pounds bond when he moved in 5 year ago. He has never paid his rent on time. He has asked for his bond back. Ive explained to him that I will renew and replace the items and will invoice him and if there is anything left of the bond I will forward it on to him. The problem is I did not have bond in a tenancy deposit scheme. I had it in an independent private account. He said he will take me to court. I need to know where I stand in the eyes of the lawI would really appreciate some legal advice.

Just to confirm the tenancy has now ended? How much in total do you say he owes you?

Customer:

Hi Alex. Yes the tenancy finished on the 28th of august 2014.As my tenant had lived there for 5 years, I hadn't really heard about the tenancy deposit scheme then. In total he probably owes me the whole of the deposit, being 350 pounds but I will put some things down to general wear and tear. So I make it 250 pounds.

Alex Watts :

Ok - it makes no difference whether or not if the tenancy has ended whether you protected it

Alex Watts :

The tenancy has ended.

Alex Watts :

What you should do is return the £100 that is left after deductions

Alex Watts :

Then it is up to him to try and sue you

Alex Watts :

It would be a small claim and therefore even if you lost, which I doubt, there would be limited costs

Alex Watts :

Generally the law states that unless the deposit is protected you can't take any step to get them out

Alex Watts :

But in this case, they are out and the tenancy has ended, therefore there is no point now protecting the deposit

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